I
(Acts adopted under the EC Treaty/Euratom Treaty who publication is obligatory)
REGULATIONS
REGULATION (EC) No 595/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 June 2009
on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and
2005/78/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee ( 1 ),
Acting in accordance with the procedure laid down in
Article 251 of the Treaty ( 2 ),
Whereas:
(1) The internal market compris an area without internal
frontiers in which the free movement of goods, persons,
rvices and capital must be ensured. To that end a comprehensive Community type-approval system for motor vehicles is in place. The technical requirements for the type-approval of motor vehicles with regard to emissions should therefore be harmonid to avoid requirements that differ from one Member State to another and to ensure a high level of environmental protection.
(2) This Regulation is a new parate regulation in the
context of the Community type-approval procedure under Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and parate technical units intended for such vehicles (Framework Directive) ( 3 ). Therefore, Annexes IV, VI and XI to that Directive should be amended accordingly.
(3)
Following the request of the European Parliament, a new
regulatory approach has been introduced in Community vehicle legislation. This Regulation should therefore lay down only fundamental provisions on vehicle emissions, whereas the technical specifications should be laid down by implementing measures adopted under the comitology procedures.
(4) The Sixth Community Environment Action Programme
adopted by Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 20
02 ( 4 ) estab lishes the need to reduce pollution to levels which minimi harmful effects on human health, paying particular attention to nsitive populations and to the environment as a whole. Community legislation has established appropriate standards for ambient air quality for the protection of human health and nsitive indi viduals in particular, as well as for national emission ceilings. Following its communication of 4 May 2001, which established the ‘Clean Air For Europe (CAFE) programme’, the Commission adopted another communication on 21 September 2005 entitled ‘Thematic strategy for air pollution’. One of the conclusions of that thematic strategy is that further
( 1 ) OJ C 211, 19.8.2008, p. 12.
( 2 ) Opinion of the European Parliament of 16 December 2008 (not yet published in Official Journal) and Council Decision of 8 June 2009.
( 3 ) OJ L 263, 9.10.2007, p. 1. ( 4 ) OJ L 242, 10.9.2002, p. 1.
reductions in emissions from the transport ctor (air,
maritime and land transport), from houholds and from the energy, agricultural and industrial ctor
s are needed to achieve EU air quality objectives. In this context, the task of reducing vehicle emissions should be approached as part of an overall strategy. The Euro VI standards are one of the measures designed to reduce the actual in-u emissions of air pollutants such as particulate pollutants (PM) as well as ozone precursors such as nitrogen oxides (NO x ) and hydrocarbons.
(5) Achieving EU air quality objectives requires a continuous
effort to reduce vehicle emissions. For that reason,
industry should be provided with clear information on future emission limit values and should be allowed an appropriate period of time in which to attain them and pursue the requisite technical developments.
(6) In particular, a reduction in NO x emissions from heavy
duty vehicles is necessary to improve air quality and
comply with limit values for pollution and national emission ceilings. Setting limit values for NO x emissions at an early stage should provide long-term, European Union-wide planning certainty for vehicle manufacturers.
(7) In tting emission standards it is important to take into
account the implications for competitiveness of markets
and manufacturers, the direct and indirect costs impod on business and the benefits that accrue in terms of stimulating innovation, improving air quality, reducing health costs and increasing life expectancy.
(8) Unrestricted access to vehicle repair information, via a
standardid format which can be ud to retrieve the飞虎将军陈纳德
technical information, and effective competition on the market for vehicle repair and maintenance information rvices are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide rvices. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is necessary to lay down technical specifi cations to be followed by the manufacturers concerning the provision of information on their websites, along with targeted measures to ensure reasonable access for small and medium-sized enterpris (SMEs).
(9) Not
later than 7 August 2013, the Commission should review the operation of the system of unrestricted access to vehicle repair and maintenance information with a view to determining whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within the revid framework legislation on type-approval. If the provisions
governing access to such information are consolidated in this way, the corresponding provisions of this Regulation should be repealed, as long as existing rights of access to repair and maintenance information are prerved.
(10) The Commission should encourage the development of
an international standard format for unrestricted and
standardid access to vehicle repair and maintenance information, for example through the work of the European Committee for Standardisation (CEN).
(11) It is esntial to establish a common European standard
for the format of vehicle OBD and vehicle repair and maintenance information. Until such time as that standard is adopted, vehicle OBD and vehicle repair and maintenance information for heavy duty vehicles should be prented in a readily accessible manner and in a format guaranteeing non-discriminatory access. The information should be made available on the websites of manufacturers, or, if this is not feasible due to the nature of the information, in another appropriate format.
(12) The Commission should keep under review emissions
which are, as yet, unregulated and which ari as a conquence of the wider u of new fuel formulations, engine technologies and emission control systems. The Commission should also, where necessary, submit a proposal to the European Parliament and to the Council with a view to regulating such emissions.
(13) It is appropriate to encourage the introduction of alter
native fuel vehicles, which can have low NO x and particulate emissions. Thus, limit values for hydro carbons, non-methane hydrocarbons and methane should be introduced.
(14) In order to ensure that emissions of ultrafine particulate
pollutants (PM 0,1 μm and below) are controlled, the
Commission should be empowered to adopt a number- bad approach to emissions of particulate pollutants in addition to the mass-bad approach which is currently ud. The number-bad approach to emissions of particles should draw on the results of the Particulate measurement programme (PMP) of the United Nations Economic Commission for Europe (UN/ECE) and be consistent with the existing ambitious objectives for the environment.
(15) In order to achieve the environmental objectives, it is
appropriate to indicate that the particle number limits are
likely to reflect the highest levels of performance currently obtained with particle filters by using the best available technology.
(16) The Commission should adopt worldwide harmonid
driving cycles in the test procedure that provides the词组英文
basis for EC type-approval emissions regulations. The
application of portable emissions measurement systems
for verifying the actual in-u emissions and the intro
duction of procedures to control off-cycle emissions
should also be considered.
田鼠简笔画(17) Retrofitting heavy duty vehicles with diel particle filters
could result in higher nitrogen dioxide (NO2) emissions.
As part of the thematic strategy on air pollution, the
长征原因Commission should therefore draft a legislative
proposal to harmoni national legislation on retrofitting
and ensure that it incorporates environmental conditions.
(18) OBD systems are important to control emissions during
the u of a vehicle. Due to the importance of controlling
real-world emissions, the Commission should keep under
review the requirements for such systems and the
tolerance thresholds for monitoring faults.
(19) In order to monitor the contribution of this ctor, as a
whole, to the global emissions of greenhou gas, the
Commission should introduce the measuring of fuel
consumption and carbon dioxide (CO2) emissions of
heavy duty vehicles.
(20) In order to promote the market for clean and energy
efficient vehicles, the Commission should study the feasi
bility and the development of a definition and a
methodology of energy consumption and CO2
emissions for whole vehicles and not only for engines,
without prejudice to the u of virtual and actual testing.
Such a definition and the methodology should also cover
alternative driveline concepts (e.g. hybrid vehicles) and
the effects of improvements on vehicles such as aero
dynamics, weight, loading capacity and rolling resistance.
If a suitable method of prentation and comparison can
be identified, the derived fuel consumption and CO2
emissions should be made publicly available for
parate vehicle types.
(21) In order to better control actual in-u emissions
including off-cycle emissions and to facilitate the in-
rvice conformity process, a testing methodology and
performance requirements bad on the u of portable
emission measurement systems should be adopted within
an appropriate timeframe.
(22) With a view to meeting EU air quality objectives, the
Commission should introduce harmonid provisions to
ensure that off-cycle emissions from heavy duty engines
and vehicles are appropriately controlled over a broad
range of engine and ambient operating conditions.
(23) The correct functioning of the after-treatment system,
and more specifically in the ca of NO x, is the basic
requirement for fulfilling the established standards for
pollutant emissions. In this context, measures to
guarantee the proper operation of systems relying on
the u of a reagent should be introduced.一闪一闪亮晶晶儿歌歌词
(24) Member States are able, by means of financial incentives,
to accelerate the placing on the market of vehicles which
satisfy the requirements adopted at Community level.
This Regulation should not affect the right of Member
States to include emissions in the method for calculating
taxes levied on vehicles.
(25) When Member States draw up measures to ensure retro
fitting of existing heavy duty vehicles, such measures
should be bad on the Euro VI standards.
(26) Member States should lay down rules on penalties
applicable to infringements of the provisions of this
Regulation and ensure that they are implemented.
Tho penalties should be effective, proportionate and
dissuasive.
(27)The requirements of engine power of motor vehicles
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contained in Council Directive 80/1269/EEC of
16 December 1980 on the approximation of the laws
of the Member States relating to the engine power of
motor vehicles (1) should be introduced in this Regu
lation and in Regulation (EC) No 715/2007 of the
European Parliament and of the Council of 20 June
2007 on type approval of motor vehicles with respect
to emissions from light pasnger and commercial
vehicles (Euro 5 and Euro 6) and on access to vehicle
repair and maintenance information (2). Therefore, Regu
lation (EC) No 715/2007 should be amended accordingly
and Directive 80/1269/EEC should be repealed.
(28) In order to simplify Community legislation, it is appro
priate to replace the existing heavy duty vehicles
emissions legislation, namely Directive 2005/55/EC (3)
and Commission Directive 2005/78/EC (4), by a regu
lation. The u of a regulation should ensure that the
detailed technical provisions are directly applicable to赞叹不已
manufacturers, approval authorities and technical
rvices and that they can be updated in a fast and
efficient way. Therefore Directives 2005/55/EC and
2005/78/EC should be repealed and Regulation (EC)
No 715/2007 should be amended accordingly.
(1) OJ L 375, 31.12.1980, p. 46.
(2) OJ L 171, 29.6.2007, p. 1.
(3) Directive 2005/55/EC of the European Parliament and of the
Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaous and particulate pollutants from compression-ignition engines for u in vehicles, and the emission of gaous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for u in vehicles (OJ L 275, 20.10.2005, p. 1).
(4) Commission Directive 2005/78/EC of 14 November 2005 imple
menting Directive 2005/55/EC and amending Annexes I, II, III, IV and VI thereto (OJ L 313, 29.11.2005, p. 1).
(29) The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exerci of implementing
powers conferred on the Commission (1).
(30) In particular, the Commission should be empowered to
introduce particle number bad limit values in Annex I,
to specify, if appropriate, the value of the admissible level
of the NO2component in the NO x limit value, to
establish specific procedures, tests and requirements for
type-approval, as well as a particle number measurement
procedure, and to adopt measures concerning off-cycle
emissions, the u of portable emissions measurement
systems, access to vehicle repair and maintenance
information and test cycles ud to measure emissions.
Since tho measures are of general scope and are
designed to amend non-esntial elements of this Regu
lation, by supplementing it with new non-esntial
elements, they must be adopted in accordance with the
regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.
(31)Since the objective of this Regulation, namely the real
isation of the internal market through the introduction of
common technical requirements concerning emissions
from motor vehicles and guaranteed access to vehicle
repair and maintenance information for independent
operators on the same basis as for authorid dealers
and repairers, cannot be sufficiently achieved by the
Member States and can therefore be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as t out
in Article 5 of the Treaty. In accordance with the
principle of proportionality, as t out in that Article,
this Regulation does not go beyond what is necessary
in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes common technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to their emissions.
This Regulation also lays down rules for in-rvice conformity of vehicles and engines, durability of pollution control devices, OBD systems, measurement of fuel consumption and CO2 emissions and accessibility of vehicle OBD and vehicle repair and maintenance information.
Article 2
Scope
This Regulation shall apply to motor vehicles of categories M1, M2, N1and N2as defined in Annex II
of Directive 2007/46/EC with a reference mass exceeding 2 610 kg and to all motor vehicles of categories M3and N3, as defined in that Annex.
This Regulation shall apply without prejudice to Article 2(2) of Regulation (EC) No 715/2007.
At the request of the manufacturer, the type-approval of a completed vehicle granted under this Regulation and its implementing measures shall be extended to its incomplete vehicle with a reference mass not exceeding 2 610 kg. Type-approvals shall be extended if the manufacturer can demonstrate that all bodywork combinations expected to be built onto the incomplete vehicle increa the reference mass of the vehicle to above 2 610 kg.
At the request of the manufacturer, the type-approval of a vehicle granted under this Regulation and its implementing measures shall be extended to its variants and versions with a reference mass exceeding 2 380 kg provided that it also meets the requirements relating to the measurement of greenhou gas emissions and fuel consumption established in Regulation (EC) No 715/2007 and its implementing measures.
Article 3
Definitions
For the purpos of this Regulation, the following definitions shall apply:
1. ‘engine’ means the motive propulsion source of a vehicle
for which type-approval as a parate technical unit, as defined in point 25 of Article 3 of Directive 2007/46/EC, may be granted;
2. ‘gaous pollutants’ means the exhaust gas emissions of
carbon monoxide, NO x, expresd in NO2equivalent, and hydrocarbons;
3. ‘particulate pollutants’ means components of the exhaust
gas which are removed from the diluted exhaust gas at a maximum temperature of 325 K (52 °C) by means of the filters described in the test procedure for verifying average tailpipe emissions;
4. ‘tailpipe emissions’ means the emission of gaous and
particulate pollutants;
5. ‘crankca’ means the spaces in, or external to, an engine
which are connected to the oil sump by internal or external ducts through which gas and vapours can be emitted;
(1) OJ L 184, 17.7.1999, p. 23.
6. ‘pollution control device’ means tho components of a
vehicle that control and/or limit tailpipe emissions;
7. ‘on-board diagnostic (OBD) system’ means a system on
board a vehicle or connected to an engine which has the capability of detecting malfunctions, and, if applicable, of indicating their occurrence by means of an alert system, of identifying the likely area of malfunction by means of information stored in computer memory, and of communicating that information off-board;
8. ‘defeat strategy’ means an emission control strategy that
reduces the effectiveness of the emission controls under ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;
9. ‘original pollution control device’ means a pollution control
device or an asmbly of such devices covered by the type- approval granted for the vehicle concerned;
10. ‘replacement pollution control device’ means a pollution
control device or an asmbly of such devices intended to replace an original pollution control device and which can be approved as a parate technical unit, as defined in point 25 of Article 3 of Directive 2007/46/EC;
11. ‘vehicle repair and maintenance information’ means all
information required for diagnosis, rvicing, inspection, periodic monitoring, repair, re-programming or re- initialising or the remote diagnostic support of the vehicle and which the manufacturers provide for their au
thorid dealers and repairers, including all subquent amendments and supplements to such information. This information includes all information required for fitting parts or equipment onto vehicles;
12. ‘manufacturer’ means the person or body who is
responsible to the approval authority for all aspects of the type-approval or authorisation process and for ensuring conformity of production. It is not esntial that the person or body be directly involved in all stages of the construction of the vehicle, system, component or parate technical unit which is the subject of the approval process;
13. ‘independent operator’ means undertakings other than
authorid dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing rvices, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles; 14. ‘alternative fuel vehicle’ means a vehicle designed to be
capable of running on at least one type of fuel that is
七月王朝either gaous at atmospheric temperature and pressure,
or substantially non-mineral oil derived;
15. ‘reference mass’ means the mass of the vehicle in running
order less the uniform mass of the driver of 75 kg and
incread by a uniform mass of 100 kg;
16. ‘tampering’ means inactivation, adjustment or modification
of the vehicle emissions control or propulsion system, including any software or other logical control elements
of tho systems, that has the effect, whether intended or
not, of worning the emissions performance of the vehicle.
The Commission may adapt the definition in point 7 of the first subparagraph to reflect technical progress in OBD systems. That measure, designed to amend non-esntial elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2).
Article 4
Obligations of the manufacturers
1. Manufacturers
shall
demonstrate
that
all
new
vehicles
sold, registered or put into rvice within the Community, all new engines sold or put into rvice within the Community and all new replacement pollution control devices requiring type- approval pursuant to Articles 8 and 9, which are sold or put into rvice within the Community, are type-appro
ved in accordance with this Regulation and its implementing measures.
2. Manufacturers shall ensure that type-approval procedures for verifying conformity of production, durability of pollution control devices and in-rvice conformity are followed.
The technical measures taken by the manufacturer shall be such as to ensure that the tailpipe emissions are effectively limited, pursuant to this Regulation and its implementing measures, throughout the normal life of the vehicles under normal conditions of u.
For that purpo, the mileage and period of time by reference to which the tests for durability of pollution control devices undertaken for type-approval and testing of conformity of in- rvice vehicles or engines are to be carried out shall be the following:
(a) 160 000 km or five years, whichever is the sooner, in the
ca of engines fitted to vehicles of category M1, N1and M2;
